Privacy and Terms

Privacy and Terms

GGSI’S Marketing Privacy Statement & Terms of Use

This Privacy Statement and Terms of Use (collectively the "GGSI Agreement") is provided by General Growth Services, Inc. (“GGSI,” “Us,” “Our,” or “We”) and communicates details and terms concerning Our marketing programs including email and texting programs, Our mall mobile applications (collectively the “Club/App Programs”), mall websites, digital platforms, and customer service survey programs, (collectively, “GGSI Sites, Survey, & Club/App Programs”). GGSI provides these marketing and customer service survey programs to Brookfield Property REIT Inc. (“BPR”) and its affiliates. By registering to receive marketing emails or texts from Us, completing a survey with your contact information, registering with GGSI, or using any of the above services or programs on a GGSI platform that posts this document, you agree to the terms of this GGSI Agreement and to comply with such terms.

Please read the Privacy Statement and Terms of Use carefully as they contain important information, including how any disputes between you and GGSI must be resolved through arbitration or small claims court.

We translate this GGSI Agreement into other languages; any inconsistencies among the different versions will be resolved in favor of the English version.

Part I - Privacy Statement

COLLECTION OF PERSONAL INFORMATION: GGSI Sites, Survey, & Club/App Programs provide services to BPR customers that include retailer discounts, prize promotions, shopping guides, parking related services and wayfinding, as well as information on events, fashion, retailer promotions and collaborations and offers involving Us or Our business partners and allows customers to provide feedback regarding their experience at BPR malls (collectively the “Services”). In order to use and participate in these Services, you may be asked to register and provide personal information such as your name, address, birth date, email address and/or cell phone number, and possibly other information (collectively “User Information”). We may supplement information you provide Us with information from other sources including social media platforms, information obtained from third parties, or the device you use to access the Services (collectively “Additional Information”). We may customize content We provide to you through Our Services based on the information We have obtained through our GGSI Sites, Survey, & Club/App Programs or how you have used Our Services, including Wi-Fi. We, and our contracted third-party partners, track user activities on Our GGSI Sites, Survey, & Club/App Programs for the purpose of understanding interests, website(s) or app navigation, and possibly to deliver advertisements to you in the future. Such tracking may combine device and browser activities and may capture information including personal and non-personal information and whether a user visited one of our shopping centers.

AGE LIMIT: You must be age 13 or older to register or provide User Information to GGSI for these Services. If you are age 12 or younger, you may not provide Us with your personal information on GGSI websites or digital platforms.

PRIVACY RIGHTS/CALIFORNIA RESIDENTS: Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship certain information including a list of the third parties with whom the business, in the year prior to the date of the request, has shared personal information with for such third parties’ direct marketing purposes. A Californian may make one such request a year by emailing Us at TheClub@brookfieldpropertiesretail.com. GGSI does not respond to Do Not Track settings.

COMMUNICATIONS FROM US / OPTING-OUT/ OUR PROGRAMS:

MARKETING EMAILS AND TEXTS / THE CLUB, EVIP CLUB & THE CLUB’S MOBILE PROGRAM: Certain GGSI marketing programs and digital platforms are branded The Club or eVIP Club, or simply reference BPR’s shopping centers. We will send you emails and text messages after you agree to receive such messages. Prior to giving us your mobile number and electing to receive texts from GGSI, please read the specific details we provide concerning the texting program. For the purposes of understanding resources and options available to you and referenced in this GGSI Agreement, you are a Club member when you agree to receive Our marketing communications.

EMAIL PROGRAMS:

To opt-out of receiving our marketing emails, click “unsubscribe” in any email received.

MOBILE PROGRAMS:

To opt-out of receiving marketing text messages from Us, text “STOP” to 50304 from the mobile device that we sent a message to. You may also email the word “STOP” along with your mobile phone number to TheClub@brookfieldpropertiesretail.com.

Message and data rates may apply when sending or receiving texts so please review your agreement with your carrier.

By agreeing to receive text messages from Us, you will receive automated messages to the phone number you provided GGSI when you elected to opt-in to Our mobile program (agreeing to join a mobile marketing program is not contingent on purchasing any goods or services).

Customer service support for any Club member is available at TheClub@brookfieldpropertiesretail.com or by texting "HELP" to 50304.

GGSI's mobile programs send marketing messages via text using the Short Code 50304. Additional texts may be sent to comply with government regulations or to disclose changes to the terms and conditions of Our program.

SURVEY PROGRAM: By providing your contact information in a survey or by electing to receive Our surveys, you have agreed to allow Us to contact you. Our surveys and communications may be sent by GGSI, or a third-party vendor (“Survey Provider”) that GGSI has hired, in order for Us to provide the Services.

MALL WEBSITES, DIGITAL PLATFORMS (COLLECTIVELY, “SITES” or “SITE”) & GGSI MOBILE DEVICE APP (“GGSI APP”): If you choose to register on a GGSI App or Site (collectively, “Our Registration Programs”) you will be asked to provide an email address and possibly other information, including a mobile number if you elect to receive texts, and We retain this information as well as other information, including physical visits to the mall, mall navigation, and data concerning your use of the GGSI App and Site and We may integrate this information with other information you have provided Us in the past. .

Registering on a GGSI App or Site and consenting to receive marketing emails or texts from GGSI will allow Us to send such communications to you. You may opt-out of receiving reoccurring marketing communications by taking the following actions:

Click the “unsubscribe” link in the body of the email if you wish to no longer receive these emails.

Text the word “STOP” to 50304 from your mobile device if you wish to no longer receive these texts.

We may send you push notifications though the GGSI App if you downloaded it (the app is titled “BPR Malls”) and your device settings are set to receive such notifications. Similarly, you may adjust your settings to allow, or not allow, Us to know your device location.

You may also email us at TheClub@brookfieldpropertiesretail.com from the email address you previously provided on the Site or App and request that we stop emailing you and we will honor your request, please direct this request, or any related communication, to GGSI / Club & Marketing Programs.

Our GGSI App and some of Our Sites allow you to communicate issues or questions to Us, and for Us to reply to your communications to resolve issues or answer your questions. To make such inquiries or statements, you may complete the form titled “Contact Us”, partake in an online chat or text (collectively, “Customer Service Channels”) Us your concern and provide your mobile number. Communicating with Us through these Customer Service Channels allows Us to solve issues and answer questions. We do not retain information you provide for marketing purposes when you communicate with Us through the Customer Service Channels identified in this paragraph.

When you visit Our Site or use Our GGSI App, We collect certain non-personal information, such as your IP address, browser type, operating system, mobile carrier, Internet Service Provider, location, browsing patterns on Our Site including the links you activated, and We also receive the URL of the site from which you arrived to Our Site and the site you navigated to if you clicked on a Site link. This data may be used to analyze trends, administer the Site, track movement on the Site and gather broad demographic information for aggregate use by Us and may also be used to display targeted advertisements on the Site and GGSI App. Non-personally identifiable information may be retained indefinitely.

Certain properties managed by GGSI offer a mobile app feature designed to assist a shopper with finding their parked car (“Find My Car Service”), such properties have automated license plate readers (“LPR”) and may obtain a photograph/video clip of the vehicle, its license plate, and vehicle location (collectively, “Find My Car Information”). When you use this service and after entering some or all of a vehicle license plate number in the GGSI App, more than one photo of a vehicle, with the license plate obscured, will be displayed to you along with location information for the vehicles displayed.

Prior to the destruction of Find My Car information, We may share this data with local police departments and law enforcement agencies; after such a transfer, the data is subject to the privacy, terms, and use policies of the police or law enforcement agency. Additionally, any lawful request to provide this data will be honored. Service providers contracted by GGSI have agreed to provide industry standard security safeguards, designed to protect the information obtained through the Find My Car Service. Questions concerning Find My Car Information may be directed to TheClub@brookfieldpropertiesretail.com and require the words “LPR technology” in the subject line and the name of the BPR property you are inquiring about with license plate readers on property.

If one of BPR’s California properties uses LPR technology to offer the Find My Car Service, We will publish the applicable LPR usage and privacy policy that meets California’s requirements on the Mall website.

PRIZE PROMOTIONS: If you decide not to be involved in one of Our programs, you may still remain an entrant in certain contests or sweepstakes and be contacted by Us in connection with the prize promotion you entered. Please refer to the Official Rules of the promotion you entered for complete details.

COOKIES: When you visit Our Sites, Our servers may place temporary text files called "cookies" on your device. These cookies may contain a unique identifier that enables Us to create a better experience for you. We may use Cookies to serve you interest-based ads. You may choose not to accept cookies; however, you may not be able to use all the features available to you if you set your browser to refuse cookies.

USER INFORMATION: User Information may be utilized by third-party vendors contracted by GGSI for the purpose of assisting Us with Our Services. GGSI does not sell or rent personally identifiable User Information to third parties for their marketing purposes. We may partner with third parties (“Advertising Partner”) and send sponsored advertisements via email, text, or push notifications on behalf of Our Advertising Partner. Non-personally identifiable information, such as your zip code, age, gender, consumer preferences, may be collected to gain a better understanding of usage trends and interests and We may share non-personally identifiable information with Our business partners. We may transfer your User Information and Additional Information to a third party in the event of a corporate transaction or restructuring (e.g., a sale, merger or other transfer of assets).

Note concerning WI-FI accessibility at select BPR Malls. Electing to access Wi-Fi at a BPR mall requires a user to agree to an entirely different privacy policy and terms of conditions (“WiFi Agreement); this WiFi Agreement is available to you when you attempt connection to GGSI’s Wi-Fi.

THIS GGSI AGREEMENT MAY CHANGE/CONTACTING US: This GGSI Agreement may change from time to time and GGSI reserves the right to change it by updating the document and posting the current document. To the extent a dispute arises, the version of the Agreement in existence at the time of said dispute will govern. To the extent We determine, in Our sole discretion, that a modification is material, We will notify you. If you believe that GGSI has in some way not complied with the policies outlined in this GGSI Agreement, or if you have any other questions relating to privacy, please let Us know by sending an email to the applicable email address below and provide Us with all the necessary information to address your concern or inquiry:

ACCEPTANCE OF TERMS: All GGSI Sites, Survey, & Club/App Programs are subject to these Terms of Use. By using the Services or registering for GGSI Sites, Survey, & Club/App Programs you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including, without limitation, U.S. laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. If you do not agree to these Terms of Use, please do not use the Sites or engage in GGSI Sites, Survey, & Club/App Programs.

INTENDED AUDIENCE/USE: All the information, communications, software, photos, text, video, graphics, music, sounds, images and other materials and services (collectively the “Content”) on the Sites or presented through the GGSI Sites, Survey, & Club/App Programs is intended for the lawful use of the general public, age 13 or older. Such Content may not be used for any commercial purpose without permission from GGSI or the rightful owner. GGSI controls and operates its Services and GGSI Sites, Survey, & Club/App Programs from the United States of America and GGSI does not represent that these materials are appropriate or available for use in other countries.

INTELLECTUAL PROPERTY/RESTRICTIONS ON USE OF CONTENT: You are advised that Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark and patent laws, and other proprietary regulations. You are granted permission to access the Content, in whole or in part, solely for your personal, non-commercial use. All other use of Content including, but not limited to, uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works, distribution, display, incorporation into another web site, or in any other way exploiting any of the Content, in whole or in part, other than as expressly or previously permitted, may not be made without GGSI's prior express written consent. By making proprietary logos, trade and service marks, slogans, and product designations (collectively “IP”) available, GGSI is not conferring or granting any IP license. Any commercial use or reproduction of any IP is prohibited without the express authorization of the owner.

SUBMISSIONS/SECURITY: GGSI does not guarantee the security of any information transmitted or collected, however, we make commercially reasonable efforts to safeguard the confidentiality of your User Information, these include secure servers and firewalls. We request that you do not forward additional information to GGSI that is not requested by GGSI, such information will be considered non-confidential and may be used by GGSI or its affiliates without compensation to you. You are prohibited from using GGSI Sites, Survey, & Club/App Programs to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You may not send submissions, content, or comments to GGSI through Our Customer Service Channels that you consider proprietary.

LINKS TO THIRD-PARTY WEB SITES: Links provided on various platforms or in communications may provide the User with easy access to a site not under the control of GGSI, accordingly, GGSI makes no representations whatsoever concerning the content of those sites. The fact that GGSI has provided a link to a site is not an endorsement by GGSI. GGSI is providing these links only as a convenience to you and has not tested any information, software, services, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. Please familiarize yourself with the policies and terms provided on any third-party website.

PARTICIPATION IN PROMOTIONS AND ACTIVITIES: If you choose to participate in a promotion, survey, or other GGSI-sponsored activity (“Activity”), you agree to comply with any rules and regulations governing such Activity. As a condition of your continued participation in the Activity, you agree not to upload, post, email, transmit or otherwise make available any content that: 1) is unlawful, harmful, threatening, abusive, defamatory, obscene, libelous, invasive; 2) corrupts software, files, or codes, or is designed to interrupt, destroy or limit the functionality of any device; 3) contains unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Additionally, you may not: 1) interfere with or disrupt the service or servers or networks connected to Our Services; 2) collect or store personal User Information; 3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Activity. You agree that GGSI may disqualify you from participating in an Activity if We suspect foul-play and We may work with local, state, or federal officials or agencies if We or suspect illegal activity.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY: GGSI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, THE USE OF CONTENT PRESENTED VIA OUR SERVICES OR GGSI SITES, SURVEY & CLUB/APP PROGRAMS, OR OUR WI-FI SERVICE. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, COMPUTER, SYSTEM, OR DIGITAL DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR ACCESS TO ANY NETWORK. ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, GGSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GGSI SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. GGSI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE ITS SERVICES OR GGSI SITES, SURVEY, CLUB/APP PROGRAMS, OR OUR WI-FI SERVICE, ITS CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF GGSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, GGSI'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $10.00 OR THE AMOUNT YOU PAID TO ACCESS A SERVICE OR SITE, WHICHEVER IS GREATER.

GGSI APP - DIRECTIONS FOR IN-MALL NAVIGATION AND ASSUMPTION OF RISK: We strive to be as accurate as possible when we provide store locations and directions to navigate our mall (collectively, “Directional Services”), however, this information may be incomplete or inaccurate and store locations may change. By using the Our Directional Services, you agree to be responsible, at all times, for your actions and the consequences resulting from your actions.

GGSI APP - PARKING SERVICES AVAILABLE AT SELECT PROPERTIES: The following terms concern certain services available through the GGSI App at select properties managed by GGSI.

The Find My Car Service is GGSI’s license plate recognition and vehicle location program (see Privacy Statement for additional details).

● Find My Car Information and the Lot Occupancy Feature presented through the GGSI App may be inaccurate, incomplete or outdated. Data collected in order to provide you with the Find My Car Service is collected at various times of the day and therefore GGSI does not provide any guarantee that such information is accurate. We anticipate that the information will be helpful to an average shopper who parks for an average amount of time to shop. It is not meant to assist someone who parks for an extremely short period of time or leaves a vehicle in the parking lot for any amount of time that exceeds shopping center hours on a given day.

● You may utilize the GGSI App for certain basic information concerning the mall without activating “location” services. However, some features you may wish to utilize on the GGSI App require that you share your mobile location with the GGSI App.

● Do not drive a vehicle while using the GGSI Mobile App. A driver is strictly forbidden from utilizing the GGSI App while a vehicle is in motion, please stop or park your vehicle before using the service or give the mobile device to a passenger to utilize. The Lot Occupancy Feature and Find My Car Service is intended for use by users who are of the legal age required to hold a valid driving license.

● Road information prevails. THE INFORMATION PROVIDED IN THE GGSI APP IS NOT INTENDED TO REPLACE INFORMATION PRESENTED ON THE ROAD OR ON PROPERTY. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD OR ON PROPERTY (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE GGSI APP.

● You may use the GGSI App solely for private and personal purposes. GGSI grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the GGSI App for your own, non-commercial purposes, and subject to these Terms. For example, you may not: (i) offer to third parties a service of your own that uses the service; (ii) offer to rent or lease or sell the service; (iii) offer the service to the public or integrate it within a service of your own; (iv) interfere with or violate any third party or other user's right to privacy or other rights, or harvest or collect personal information about visitors or users of the service and/or GGSI App without their express consent; or (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. When using or interfacing with the GGSI APP, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. The examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities. GGSI retains the right to block your access to the GGSI App and discontinue your use of any service, at any time and for any reason GGSI deems appropriate, at its sole and absolute discretion.

● You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the GGSI App, and you further agree and acknowledge that your use of or reliance on the GGSI App is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the GGSI App. Any Internet connection required to use the GGSI App, and any associated charges (e.g. mobile data expenses), is your exclusive responsibility.

● GGSI exerts efforts to provide you with a high quality and satisfactory service; We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, accurate, free of malfunctions, bugs or failures, including, but not limited to hardware or software failures. Additionally, and without derogating from the above DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY clause, GGSI disclaims any warranties relating to the accuracy of the maps, parking guides, traffic or road conditions, directions, or routes presented or displayed in the GGSI App.

BREACH & INDEMNITY: Without derogating from any applicable law, you agree to indemnify and hold harmless GGSI and its parent companies, subsidiaries, affiliates, employees, officers, directors, agents, and each of the shopping center owners who have contracted with GGSI (collectively, “Indemnified Parties”), from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that content and services provided by GGSI are free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by GGSI, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

TERMINATION: You agree that GGSI, in its sole discretion, may terminate or restrict your use or access to certain Services or GGSI Sites, Survey, & Club/App Programs for any reason, including, without limitation, that GGSI believes you have violated or acted inconsistently with the letter or spirit of this GGSI Agreement, or the terms of a sweepstakes, contest, or other promotion.

ARBITRATION & CLASS ACTION WAIVER: Effective October 8, 2015, by using the GGSI Sites, Survey, & Club/App Programs in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of GGSI and its parent companies, subsidiaries, Indemnified Parties, and affiliates (all such individuals and entities collectively referred to herein as the “Company Entities” or singularly as “Company Entity”) arising out of, relating to, or connected in any way with the GGSI Sites, Survey, Club Programs, & Our Wi-Fi Service or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, available www.jamsadr.com, as modified by this agreement to arbitrate; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitrator’s decision shall be controlled by the Terms of Use and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (4) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, GGSI agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator; in addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GGSI will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (5) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (5) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the Company Entities shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of the Terms of Use or Privacy Statement, the Company Entities may resort to court action for injunctive relief at any time. Further, notwithstanding any other provision of the Terms of Use or Privacy Statement, you and the Company Entities may mutually agree to resolve any claim, dispute or controversy in small claims court.

GENERAL INFORMATION: You agree that the statutes and laws of the United States apply when you access Our Services and partake in GGSI Sites, Survey, & Club/App Programs. This GGSI Agreement is governed by the internal laws of the State of Illinois without regard to principles of conflict of laws. You agree that, to the extent any dispute is determined to fall outside of the arbitration clause & class action waiver above, any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Chicago, Illinois, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of Our Services or GGSI Sites, Survey, & Club/App Programs must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this GGSI Agreement are for convenience only and have no legal or contractual effect.

If any provision herein is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of other provisions.

The failure of GGSI to exercise or enforce any right or provision in this GGSI Agreement shall not constitute a waiver of such right or provision.

VIOLATIONS & NOTICES: We rely on Our users to bring copyright infringement matters to Our attention; anyone who believes that their work has been reproduced in such a way at to constitute copyright infringement may contact TheClub@brookfieldpropertiesretail.com. Please report any violations of this GGSI Agreement by sending us written notice at one of the following addresses (We accept such notices via mail or email).

General Growth Services, Inc. (“GGSI”, “our” or “we”) provides Wi-Fi service (“Our Wi-Fi Service”) to you at select shopping centers without a fee if you join our marketing program (“Marketing Program”) and acknowledge that you have read and agree to this Wi-Fi Access Privacy Policy and Terms of Use (the “Wi-Fi Agreement”). Your use of Our Wi-Fi Service constitutes your agreement to join our Marketing Program and your acceptance of this Wi-Fi Agreement.

Please read this Wi-Fi Agreement carefully as it contains important information, including how any disputes between you and GGSI must be resolved through arbitration or small claims court.

Age Restriction. You must be age 13 or older to use Our Wi-Fi Service or register with us.

Part 1 - Privacy Policy:

Marketing Program. After you register for Our Wi-Fi Service by providing your name and email address, we will send you marketing emails and we will use and share your information with our partners as described in this document. Our email communications promote the shopping centers we manage and include retailer promotions, store discounts, event alerts, tourism information and other information pertaining to goods and services that we think would be of interest to you. GGSI communications may be branded The Club, eVIP Club, or the name of the shopping center GGSI manages.

GGSI offers other marketing programs and services to assist you with shopping including an app. The terms for those programs are separate and apart from this Wi-Fi Agreement and are disclosed when you engage with us through one of those programs or platforms.

• How We Use and Share Your Information: By using Our Wi-Fi Service, you agree that we may collect certain information pertaining to the device used to access Our Wi-Fi Service and the information you provide at registration, including your name and email address. Additionally, information may be obtained to gain a better understanding of usage trends and provide us with your location and movement. GGSI may collect information from the Wi-Fi enabled device that is turned-on and set to seek available wireless networks in contact with the Our Wi-Fi network (regardless as to whether or not the device successfully connects and/or authenticates onto the network); data collected may include MAC address, date/time stamp, wireless access point/VLAN location (which can be associated with an actual physical location), device operating system, radio channel, and radio signal strength. This data may be retained indefinitely by GGSI and may be used for internal and analytical purposes as well as marketing purposes and it may be paired with other information, including personal information, provided to us or our partner(s) as further described in this document.

We provide the following information to Euclid Analytics, Inc. (“Partner”) unless such information is collected from one of the shopping centers listed below*: your email address and certain information collected from your device including the access point, name of the Wi-Fi network accessed, MAC address of device, its signal strength, and the time and date of your visit and future visits (collectively, “Shared Information”). Our Partner will use this Shared Information to help them understand how groups of people behave, to help them provide you with a customized shopping experience, and to provide advertising on behalf of their clients. Although GGSI will not share your name with our Partner, our Partner may combine Shared Information with information they collect, and collected previously, over time and across devices, to deliver advertisements to you online, in mobile apps, and across various devices associated with you. To learn more about how Euclid treats your Shared Information, including a more detailed explanation of the activities set forth in this paragraph, please visit http://geteuclid.com/about/privacy-statement/.

We may supplement information you provide us with information from other sources, overtime and across different platforms, including social media platforms, information from third parties, and, as mentioned-above, the device you use to access Our Wi-Fi Service (collectively “Additional Information”). We, or our partners, may customize content provided to you based on this Additional Information, how you use Our Wi-Fi Service, or our other services, or if you visited one of our other shopping centers, and we may track activities for the purpose of understanding your interests and possibly to deliver advertisements to you in the future. When using Our Wi-Fi Service, we do not save details pertaining to your app use or your searches for marketing purposes and we do not automatically pair such information with your name and email address; should a breach or security issue arise, we may pair activity with a user.

• Other Third Parties and Your Information: Your Information may be utilized by third-party vendors contracted by GGSI for the purpose of assisting us with services. We may partner with third parties (“Advertising Partner”) and send sponsored advertisements via email, text or push notifications on behalf of our Advertising Partner. Non-personally identifiable information may be collected to gain a better understanding of usage trends and interests and we may share non-personally identifiable information with our third-party business partners. We may transfer your name and email address to a third party in the event of a corporate transaction or restructuring (e.g., a sale, merger or other transfer of assets).

• Opting Out of Our Email Program: To opt-out of receiving emails for this marketing program, click “unsubscribe” in the email forwarded and follow the instructions.

California Residents – Your Privacy Rights. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request and obtain information about personally identifiable information disclosed to third parties for such parties’ direct marketing purposes; specifically, the information provided to you would include a list of the categories of personal information that was shared and the names and addresses of the applicable third parties that received such information for their direct marketing purposes in the year immediately preceding your request. A Californian may make one such request a year by emailing us at TheClub@brookfieldpropertiesretail.com or sending us correspondence at the mailing address listed-below. GGSI does not respond to Do Not Track settings.

Cookies: Our servers may place temporary text files called "cookies" on your device. These cookies may contain a unique identifier that enables us to create a better experience for you. We may use cookies to serve you interest-based ads. You may choose not to accept cookies; however, you may not be able to use all the features available to you if you set your browser to refuse cookies.

Contacting Us/ Violations and Notices: If you believe that GGSI has in some way not complied with the policies outlined in this Wi-Fi Agreement, or if you have any other questions relating to privacy, please let us know by sending an email and provide us with all the necessary information to address your concern or inquiry.

Intended Audience/Use. Anyone joining our Marketing Program or using Our Wi-Fi Service must be age 13 or older. GGSI controls and operates its Marketing Program and Our Wi-Fi Service from the United States of America and GGSI does not represent that these materials or programs are appropriate or available for use in other countries.

Intellectual Property/Restrictions. You are advised that content viewable when using Our Wi-Fi Service or included in our Marketing Program is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark and patent laws, and other proprietary regulations. Such content, in whole or in part, is solely for your personal, non-commercial use and all other use of content, in whole or in part, may not be made without the owner’s prior express written consent. By making proprietary logos, trade and service marks, slogans, and product designations (collectively “IP”) available, GGSI is not conferring or granting any IP license. Any commercial use or reproduction of any IP is prohibited without the express authorization of the owner.

Participation in Promotions and Activities. If you choose to participate in a promotion, prize promotion, survey, or other GGSI-sponsored activity (“Promotional Activity”), you agree to comply with any rules and regulations governing such Promotional Activity. As a condition of your participation in such Promotional Activity, you agree not to upload, post, email, transmit or otherwise make available any content that: i) is unlawful, harmful, threatening, abusive, defamatory, obscene, libelous, invasive; ii) corrupts software, files, or codes, or is designed to interrupt, destroy or limit the functionality of any device; iii) contains unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Additionally, you may not: i) interfere with or disrupt the service or servers or networks connected to Our Wi-Fi Service; ii) collect or store personal information of others; iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted. You agree that GGSI may disqualify you from participating in a Promotional Activity, if we suspect foul-play and we may work with local, state, or federal officials or agencies if we or suspect illegal activity.

Updates. Before using Our Wi-Fi Service, please read this document carefully. GGSI reserves the right to modify this Wi-Fi Agreement by updating the document and posting the current document. To the extent we determine, in our sole discretion, that a modification is material, we will publish the updated Wi-Fi Agreement and present them on the access screen you see when you initiate access to our Wi-Fi network. To the extent a dispute arises, the version of the Wi-Fi Agreement in existence at the time of said dispute will govern. Your access to, and continued use of, Our Wi-Fi Service represents your agreement to the current Wi-Fi Agreement. IF YOU DO NOT AGREE WITH THE WI-FI AGREEMENT, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE OUR WI-FI SERVICE.

Access Limitations. Our Wi-Fi Service is not offered by GGSI with the intent to allow unlimited, unrestricted access to the Internet and there is no guarantee of service. We may, at our sole discretion, restrict access to certain sites and prohibit certain communications from, or received by, a user. Additionally, we may impose a limitation on the amount of time a user may access Our Wi-Fi Service.

User's Obligations & Assumption of All Risks of Use/Limitation of Liability/Security. Under no circumstances will GGSI, its parent companies, subsidiaries, the owners of the shopping centers who have contracted with GGSI, or their respective officers, directors, employees, agents or affiliates (“GGSI Parties”) be liable for any legal damages (whether based on tort, breach of contract or equitable theories) based on any claim of the user, or any of the user's heirs, assignees, appointees or successors-in-interest, arising out of or as a result of the user's use of this wireless network. You agree to assume all risks including, but not limited to, the risks of damage caused by hackers, worms, Trojans or viruses arising from, connected to, or resulting from use of this wireless network. You acknowledge and agree that Our Wi-Fi Service is not secure, that GGSI has no responsibility to secure Our Wi-Fi Service, and that your use of Our Wi-Fi Service is at your own risk. As such, you should not transmit any credit card information, passwords or any other sensitive personal information while using the Our Wi-Fi Service. Anti-virus and security protection are your sole responsibility. You are strongly encouraged to provide virus and firewall protection for any device used to access any wireless network.

User's Acknowledgments/Authorized Use. By using this free wireless network, you are agreeing and acknowledging you have read and accepted this Wi-Fi Agreement and that you are authorized to use Our Wi-Fi Service. Further, you are agreeing to waive any claims against GGSI Parties that may arise from your use or not being able to access content, communications, media, matter, websites, or the internet. You agree to only use Our Wi-Fi Service while you are a guest of our shopping center and that such use is subject to the terms and conditions of this Wi-Fi Agreement. You agree that you are responsible for your activities while using Our Wi-Fi Service including for any content, information and other materials you access or transmit via Our Wi-Fi Service. You acknowledge: i) the use of this wireless network may not be uninterrupted or error-free; ii) use of this wireless network may expose you or your device to security risks and that GGSI does not guarantee the security of this wireless network; iii) and agree not to engage in any activity via Our Wi-Fi Service that is in violation of any applicable laws, rules, or regulations and to the indemnification statement included herein; and iv) your use of Our Wi-Fi Service is solely for your personal, non-commercial, lawful use and you agree not to reproduce, duplicate, copy, sell, exploit, or use any aspect of Our Wi-Fi Service for any unlawful, prohibited, or commercial purpose including, but not limited to: a) conduct that is unlawful or infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission) or actions that violates another party’s or person’s privacy rights or other rights; b) conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk; c) conduct that interferes with the operation of, use of, or enjoyment of, any service, system or use of our shopping center; d) interference or interception of communications; e) violating the security or integrity of, or gaining unauthorized access to Our Wi-Fi Service, or any other service, system or communication; f) imposing unreasonable or disproportionately large loads on any system or infrastructure; g) committing fraud or sending spam, chain letters, or other unsolicited communications to any party; h) creating a "mail drop" for such communications, or engaging or permitting e-mail relay services; i) spoofing or otherwise impersonating any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header or sender identification information in any communication; j) harassing or threatening any party or encouraging violence; k) disseminating viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; l) engaging in conduct that exposes GGSI or its service providers to civil or criminal liability; m) sending or receiving any material that could be considered harmful, hateful, defamatory, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable or could give rise to any civil or criminal liability under the law.

Submissions/Links. We request that you do not forward additional information to GGSI that is not requested by GGSI, such information will be considered non-confidential and may be used by GGSI or its affiliates without compensation to you. You may not send submissions, content, or comments to GGSI that you consider proprietary. Links provided on various platforms or in communications may provide you with easy access to a site not under the control of GGSI, accordingly, GGSI makes no representations whatsoever concerning the content of those sites. The fact that GGSI has provided a link to a site is not an endorsement by GGSI. GGSI is providing these links only as a convenience to you and has not tested any information, software, services, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. Please familiarize yourself with the policies and terms provided on any third-party website.

Indemnification. You agree to indemnify and hold harmless GGSI Parties and each of its suppliers, from any claim, lawsuit, liability, loss, damage, cost, expense or attorney's fees arising out of or relating to your use of Our Wi-fi Service or how we use your information.

No Warranty. This wireless network and any products or services provided on or in connection with this wireless network are provided on an “as is” and “as available” basis and without warranties of any kind. All conditions, representations, indemnities, guarantees and warranties (whether express, implied or arising by operation of law, custom or the prior statement(s) of any party), including, but not limited to, any warranty of satisfactory quality, merchantability or fitness for a particular purpose, are hereby excluded and disclaimed.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY: GGSI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, THE USE OF CONTENT PRESENTED VIA OUR WI-FI SERVICE OR MARKETING PROGRAM. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, COMPUTER, SYSTEM, OR DIGITAL DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR ACCESS TO ANY NETWORK. ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, GGSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GGSI SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. GGSI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE, OR THE INABILITY TO USE, Our Wi-Fi Service or our Marketing Program, ITS CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF GGSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, GGSI'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $10.00 OR THE AMOUNT YOU PAID TO ACCESS A SERVICE OR SITE, WHICHEVER IS GREATER.

Arbitration & Class Action Waiver. Effective October 8, 2015, by using Our Wi-Fi Service and joining our Marketing Program, you unconditionally consent and agree that: i) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the GGSI Parties and our affiliates (all such individuals and entities collectively referred to herein as the “Company Entities” or singularly as “Company Entity”) arising out of, relating to, or connected in any way with Our Wi-Fi Service or our Marketing Program or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, available www.jamsadr.com, as modified by this agreement to arbitrate; ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; iii) the arbitrator’s decision shall be controlled by the Terms of Use and any of the other agreements referenced herein that the applicable user may have entered into in connection with Our Wi-Fi Service or our Marketing Program; iv) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; v) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; vi) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals; vii) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, GGSI agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator; in addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GGSI will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and ix) with the exception of subpart v) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart v) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the Company Entities shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision in this Agreement, the Company Entities may resort to court action for injunctive relief at any time. Further, notwithstanding any other provision of this Agreement, you and the Company Entities may mutually agree to resolve any claim, dispute or controversy in small claims court.

Additional Terms. GGSI may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public’s safety is at stake. GGSI assumes no obligation to inform you that your information has been disclosed to any lawful agency. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the access or use of Our Wi-Fi Service or these Wi-Fi Terms must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Wi-Fi Terms are governed by the internal substantive laws of the State of Illinois, without regard to its conflict of law principles. You agree that, to the extent any dispute is determined to fall outside of the arbitration clause & class action waiver above, jurisdiction for any claims arising under these Wi-Fi Terms shall lie exclusively with the state or federal courts in Chicago, IL, USA. To the fullest extent permitted by applicable law, no claim under these Wi-Fi Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Application, and no class action proceedings will be permitted.

The section titles in this Wi-Fi Agreement are for convenience only and have no legal or contractual effect. If any provision herein is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of other provisions. The failure of GGSI to exercise or enforce any right or provision in this Wi-Fi Agreement shall not constitute a waiver of such right or provision.

Violations & Notices. We rely on our users to bring copyright infringement matters to our attention; anyone who believes that their work has been reproduced in such a way at to constitute copyright infringement is encouraged to contact us. Also, please report any violations of this Wi-Fi Agreement by sending us written notice at one of the following addresses, we accept such notices via mail or email.